Discrimination may no longer exist as blatantly as it did prior to the passage of America's Civil Rights Law of 1964, but it still exists in today's workplace, primarily with respect to hiring decisions.

National companies may be breathing a collective sigh of relief over the Supreme Court ruling in the Wal-Mart case, while the US Equal Employment Opportunity Commission (EEOC) is bracing for what could be a torrent of new cases.

OMB Approves OFCCP Section 503 Self-Identification Form

The Office of Management and Budget (OMB) approved the Voluntary Self-Identification of Disability form required by the new regulations implementing Section 503 of the Rehabilitation Act (Section 503) on January 22, 2014. Federal contractors must use this form to invite job applicants and employees to voluntarily self-identify as an individual with a disability as required by 41 CFR 60-741.42 of the new regulations. Written in plain English, the form is slightly more than one page long. It provides employees and job applicants three options for self-disclosure, provides examples of disabilities, highlights that disclosure is voluntary and confidential, and includes a short paragraph on reasonable accommodation. The form is available on OFCCP’s Web site at www.dol.gov/ofccp/regs/compliance/sec503/SelfId_Disability_CC_305_012214_JRF_QA_508c.pdf.

OFCCP Announces Final Rules for VEVRAA and Section 503

The U.S. Department of Labor announced two final rules to improve hiring and employment of veterans and people with disabilities. One rule updates the Vietnam Era Veterans’ Readjustment Assistance Act of 1974; the other updates Section 503 of the Rehabilitation Act of 1973. For more than 40 years these laws have required federal contractors and subcontractors to affirmatively recruit, hire, train and promote qualified veterans and people with disabilities, respectively.

"Strengthening these regulations is an important step toward reducing barriers to real opportunities for veterans and individuals with disabilities," said Patricia A. Shiu, director of the department’s Office of Federal Contract Compliance Programs, which enforces both laws.

The rules will become effective 180 days after their publication in the Federal Register. More information is available atwww.dol.gov/ofccp/VEVRAARuleand

OFCCP announced the publication and implementation of the newly revised

Federal Contract Compliance Manual (FCCM). The revised FCCM provides OFCCP staff the procedural framework for executing quality and timely compliance evaluations and complaint investigations. The manual reflecting the current state of the law. The revisions help to ensure quality and consistency by creating uniformity in investigative procedures nationwide. It also provides transparency in the way compliance evaluations and complaint investigations are conducted.

Jury Awards $240 Million for Long Term for Workers with Intellectual Disabilities

WASHINGTON - A Davenport, Iowa jury today awarded the U.S. Equal Employment Opportunity Commission (EEOC) damages totaling $240 million - the largest verdict in the federal agency's history - for disability discrimination and severe abuse. The jury agreed with the EEOC that Hill County Farms, doing business as Henry's Turkey Service subjected a group of 32 men with intellectual disabilities to severe abuse and discrimination for a period between 2007 and 2009, after 20 years of similar mistreatment.

2014 Congressional Budget Justification for the OFCCP

The FY 2014 request for OFCCP is $108,467,000 and 753 FTE. This includes a program increase of $1,147,000 and 10 FTE to increase the agency’s capacity to assess whether contractors engage in compensation discrimination in violation of Executive Order 11246. In FY 2014, OFCCP’s priorities include: 1) Narrowing the persistent pay gap between men and women. This reflects the agency’s commitment to addressing pay discrimination as a member of the President’s National Equal Pay Enforcement Task Force. 2) Expanding its commitment to enforcing the rights of women and under-represented groups. The agency will achieve this by increasing its monitoring efforts to eradicate gender, racial and ethnicity-based discrimination in the construction trades. 3) Ensuring that federal contractors recruit, hire, and retain veterans and individuals with disabilities. The agency will focus significant resources to this effort. 4) Strengthening outreach to community-based organizations for worker education and to the regulated community for comprehensive understanding of new rules, which will further support enforcement efforts and compliance.

At this funding level, OFCCP will also support the government-wide management initiatives, specifically focusing on innovative government. OFCCP will implement a cloud-based system in FY 2014 enabling the agency to improve process standardization, reporting functionality, and overall productivity of employees, which will realize savings beginning in FY 2015 and 2016 in the amount of $39,000,000 over a period of 7 years. This platform will also enable data sharing across entities and scalability, neither of which are available with the current, antiquated system

Equal Pay Analysis: What you need to know in 2013

Under President Obama's administration, we have seen an emphasis on strengthening equal opportunity enforcement, particularly in the area of pay. Obama sent out a strong message when under his first term in office the first piece of legislation he signed on January 29, 2009 was the

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USCIS Releases New I-9 form

OFCCP Releases New Guidelines for Compensation Analysis

On February 26, 2013, the OFCCP in a letter from Patricia Shiu rescinded the current guidelines for compensation analysis and issued new guidelines. To read the letter and a link to the guidelines, click on Read More

Remote Employees: An increasingly challenging I-9 verfication delimma

with permission from LawLogix

U.S. employers face a logistical nightmare when it comes to complying with Form I-9 employment verification for remote employees. The problem is becoming increasingly challenging as more employers rely on telecommuters and remote employees across all industries and occupations, including the health care industries (e.g. home care nurses, physical and occupational therapists, physicians), the sports and entertainment industries (e.g. crew members such as stylists, set designers, carpenters, seamstresses working on multiple television or movie sets and stages, camerapersons and crew working for televised national sporting events or award shows), the hi-tech and consulting industries (e.g. software engineers, programmers), veterinarians, sales and marketing representatives, to name just a few. With the fast-growing, ever-changing nature of the mobile workforce, it is disappointing that the USCIS missed the boat on providing more guidance on this issue, particularly since the M-274 Handbook for Employers has been revised several times over the past few years.

Unified Agenda and Regulatory Plan for 2013: Items to Keep Under the Radar for Federal Contractors

On December 21, 2012, the Unified Agenda and Regulatory Plan were posted to the Office of Information and Regulatory Affairs, Office of Management Budgets' website. This provides the public with information on regulatory and deregulatory actions under development by the Federal Government.

All US employers with 15 or more employees are covered under the American with Disabilities Act which prohibits discrimination against applicants and employees who are qualified for the job and able to perform the essential job duties with or without accommodation. If a company has federal contracts or subcontracts worth $10,000 or more in a 12 month period, they are also have to abide by the Rehabilitation Act which requires that any employee that takes any part in the selection/hiring process be trained on ADA and the Rehabilitation Act. Peoplefluent is ready to assist any companies with training and consulting regarding what these regulations/laws mean to employers and how to become compliant.

EEOC Approves Strategic Enforcement plan

The Office of Management and Budget Approves the Office of Federal Contract Compliance Programs Revisions to the Functional Affirmative Action Program Agreement

By: Julia Méndez, CAAP, PHR, CELS

What can federal contractors look forward to under the Office of Management and Budget's (OMB) recent approval of the revised Functional Affirmative Action Plan (FAAP) directive?

2010 Special EEO File Released

The 2010 Special EEO file has been released.

E-Verify begins checking driver's license and ID cards from the State of Florida

By John Fay - LawLogix Group

I.C.E. Releases Guidance on evaluation of Electronic I-9 Systems

By John Fay - LawLogix Group

On October 2, 2012, the US Immigration and Customs Enforcement (ICE) released the first-ever official guidance document for evaluating electronically generated and stored I-9 records during an audit.

Recently Separated Veterans

Companies which have $100,000 or more in federal contracts or subcontracts are covered under Vietnam Veterans Readjustment Assistance Act (VEVRAA) under Title 41 CFR 60.300. Under this set of regulations, contractors are required to give protected veterans the opportunity to self-identify their status. The protected veteran categories are Disabled Veteran, Recently Separated Veteran, Armed Forces Service Medal Veteran and Other Protected Veteran. A common mistake among contractors is the designation of Recently Separated Veteran status. Under 60.300, this status is effective for only 36 months following discharge or release from active duty. What does this mean for contractors? As part of the voluntary self-identification process, it is recommended that discharge date be included as part of the questionnaire. This will give contractors the necessary information to remove the designation of “recently separated veteran” from the employee’s records after the 36 month period expires and enable them to correctly fill out the VETS-100A form.

Double Whammy: Changes to I-9 and E-Verify - Are you ready?

By Ann Cun - Counsel, LawLogix Group

Are you ready for change? USCIS released revisions to both the I-9 Form and E-Verify system. Here are the top updates you'll need to be aware of in each category.

The Office of Management and Budget Approves the OFCCP Programs Revisions to Functional Affirmative Action Plans

All US employers with 15 or more employees are covered under the American with Disabilities Act which prohibits discrimination against applicants and employees who are qualified for the job and able to perform the essential job duties with or without accommodation. If a company has federal contracts or subcontracts worth $10,000 or more in a 12 month period, they are also have to abide by the Rehabilitation Act which requires that any employee that takes any part in the selection/hiring process be trained on ADA and the Rehabilitation Act.

Peoplefluent is ready to assist any companies with training and consulting regarding what these regulations/laws mean to employers and how to become compliant.

On December 21, 2012, the Unified Agenda and Regulatory Plan were posted to the Office of Information and Regulatory Affairs, Office of Management Budgets’ website. This provides the public with information on regulatory and deregulatory actions under development by the Federal government.

WASHINGTON - A Davenport, Iowa jury today awarded the U.S. Equal Employment Opportunity Commission (EEOC) damages totaling $240 million - the largest verdict in the federal agency's history - for disability discrimination and severe abuse.

The jury agreed with the EEOC that Hill County Farms, doing business as Henry's Turkey Service subjected a group of 32 men with intellectual disabilities to severe abuse and discrimination for a period between 2007 and 2009, after 20 years of similar mistreatment.

Use of Staffing Agencies - Things you should know

On June 29, 2012, the Equal Employment Opportunity Commission (EEOC) announced that BP Exploration and Production, Inc. entered into a voluntary resolution regarding an EEOC investigation in connection with alleged unlawful hiring practices by a staffing agency.

E-Verify Considerations for FAR employees - an update

By Ann Cun - Counsel, LawLogix Group

It's been nearly three years since the Federal Acquisition Regulations (FAR) Amendments of 2009 mandating the use of E-Verify by federal contractors went into effect. Today we will revisit this topic to see how the FAR amendments have impacted employers who are required to enroll in E-Verify as a result.

Discrimination Charges Statistics by State - Relatively Speaking

After reporting in January a record number of discrimination charges received nationally in 2011 of 99,947, the Equal Employment Opportunity Council (EEOC) announced on May 14th the online availability of discrimination charges by state for the years 2009-2011.

OFCCP Requests Comments on FAAP

On May 22, 2012, the Office of Federal Contract Compliance Programs (OFCCP), requested comments regarding Approval of Information Collection Requirements for Functional Affirmative Action Plans (FAAP). The OFCCP is accepting comments on or before July 23, 2012.

Can the OFCCP obtain records beyond the date in the scheduling letter?

July 23, 2010, was a happy day for the federal contractor community. A Department of Labor Administrative Law Judge (ALJ) issued a recommended decision and order, which acknowledged that Frito-Lay was correct in stating that the Office of Federal Contract Compliance Programs (OFCCP) was not authorized to obtain records outside of the scope of their compliance review. The date of the Scheduling Letter in question was July 13, 2007.
A recent decision by the Administrative Review Board (ARB) may have rocked the boat. If you haven’t heard, Frito-Lay argued that the OFCCP’s compliance reviews are intended to be quick and limited to the period in the Scheduling Letter. The ARB disagreed stating that the OFCCP has the discretion to ask for records beyond the date of the Scheduling Letter when potential violations are found during a desk audit. A critical factor to remember in this case is that the OFCCP was “pursuing a concern about a statistically significant disparity in hiring women”. This finding alone doesn’t automatically constitute discrimination. Furthermore, the ARB noted that requesting this data is in line with the OFCCP’s mission to ensure federal contractors are insuring equal opportunity and taking affirmative action.

EEOC Issues Final Rule on "Reasonable Factors Other than Age" under the ADEA

EEOC Issues Revised Publications on Employment of Veterans with Disabilities

Updated Employment Resource Referral Directory

The OFCCP has updated its Employment Resource Referral Directory. Now contractors can easily research available resources to assist with their good-faith efforts requirements to attract qualified females, minorities, veterans and persons with disabilities to apply for job openings. This information can be accessed by region or nationwide. The user can also narrow down the search by EEO-1 classification as well. The resources available will also indicate if the outreach type is classified under the following categories: disabled, disabled veteran, veteran, minority, and/or female.

Should you resurvey employees annually?

One of the proposed regulatory changes under Notice of Proposed Rule Making for Section 503 of the Rehabilitation Act is to have an annual, anonymous resurvey of employees to give them an opportunity to self-identify if they have a disability. Whether or not this proposed change becomes part of the final regulations, federal contractors give their employees an opportunity to self-identify as part of their regular process. Why? There are multiple reasons. First, it is possible that when a person was hired, he/she did not feel comfortable volunteering that they had either a physical or mental disability for fear of losing their job or not being accepted by fellow employees. Second, it is possible that an employee, during the course of working for the employer, developed a disability. It is not unheard of that, as a person gets older, he/she is prone to more medical conditions which qualify as a disability under the Americans with Disabilities Amendment Act (ADAAA). It is also possible for the employee to become injured either at work or outside of work and require an accommodation. No matter what the circumstance, giving employees the opportunity to self-identify on a regular basis is a good practice to ensure you have the most accurate information on your current staff. This also lets your employees know that the organization has a process in place to accept and consider accommodations if they have a disability which impairs their ability to fulfill the essential functions of the job.

To read about the proposed regulations, go to

Another best practice would be to annually resurvey the workforce in order to ensure the accuracy of other data required in order to prepare the affirmative action plan, EEO-1 report and VETS-100A report. Information can be requested not only on disability status, but also race, ethnicity and veteran status.

When will the Census 2010 Special EEO File be available?

The “anticipated” release date for the 2010 Special EEO File is December 31, 2012.

Proposed rulemaking by OFCCP for hiring disabled

On December 9, 2011, the Office of Federal Contract Compliance Programs (OFCCP) published the Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors, outlining proposed changes to Section 503 of the Rehabilitation Act of 1973 (section 503). Section 503 not only prohibits discrimination in employment decisions for qualified persons with covered disabilities, but it also requires covered federal contractors and sub-contractors to take affirmative action in attracting, employing and advancing persons with disabilities.

Proposed rulemaking by OFCCP for non-discrimination in compensation

The Office of Federal Contract Compliance Programs (OFCCP)published the Advance Notice of Proposed Rulemaking (ANPR) for Non-Discrimination in Compensation: Compensation Data Collection Tool. The OFCCP is seeking input from the public on the use of the tool, which will be used by the OFCCP to determine whether or not there potentially exists compensation discrimination at an organization’s establishment. The comment period is open for 60 days. In order to view the ANPR in its entirety, visit http://www.ofr.gov/OFRUpload/OFRData/2011-20299_PI.pdf.

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Featured Articles

Disability Discrimination: Is the work environment getting any better?

By Julia Méndez, CAAP, PHR, CELS

Almost two years after the Americans with Disabilities Act Amendment Act (ADAAA) became effective, the law suits filed with the Equal Employment Opportunity Commission (EEOC), the agency which oversees compliance with ADAAA, do not appear to be diminishing. Although the comprehensive enforcement and litigation statistics for fiscal year 2011 will not be available until early 2012, we do know that the amount of monetary benefits to victims of discrimination, inclusive of all laws enforced by the EEOC, has hit a record high for fiscal 2011. According to the EEOC within its annual report, it received 99,947 charges of discrimination and collected $365 million for victims of discrimination in all categories enforced by the EEOC. These are record-breaking figures for the 46-year history of the agency. When we compare the amount of monetary fiscal benefits for victims of discrimination due to a disability over the previous two fiscal periods, we notice an increase in benefits from $57.2 in FY 2008 to $67.8 in FY 2009, and then $76.1 in FY 2010.

Five Things YOU Can Do to Improve Employment Outcomes for People with Disabilities

For the past fiscal year, the OFCCP has been focusing heavily on federal contractor/ subcontractor compliance with regulations under Section 503 of the Rehabilitation Act. If your organization is selected for a compliance review, you should be prepared to submit good faith efforts records of recruiting efforts to attain persons with disabilities, along with documentation of any accommodation requests. You should also be prepared to provide the final results of those requests. Click below for wonderful resources on how to reach this untapped market, as well as information regarding how to handle an accommodation request.

The US Equal Employment Opportunity Commission (EEOC) has filed a class race discrimination lawsuit claiming that Jackson Park Hospital and Medical Center in Chicago discriminated against some of its black female employees.

The case, filed in US District Court, charges that Jackson Park required some of its black female employees to perform assignments that were not required of their non black male counterparts. The 326-bed acute, short-term comprehensive care facility serves the south side of Chicago. Hospital officials did not respond to a request from The New EEO Source.

Final Rule Expected in Spring 2012 for Veterans

The comment period for the most sweeping changes proposed for the employment of veterans since America’s Bicentennial closed in July and federal regulators anticipate publishing the final rule in Spring of 2012.

“We have begun the process of reviewing and analyzing all of the comments,” explains Patricia A. Shiu, director of the Office of Federal Contract Compliance Programs (OFCCP). “This process may take several weeks to complete.”regulations.

New Compensation Tool Won't Be Old EO Survey

A planned compensation tool for federal contractors won’t be a remake of the old Equal Opportunity Survey (EO Survey), according to the director of the Office of Federal Contract Compliance Programs (OFCCP).

“OFCCP has no plans to reissue the old EO Survey,” declares agency Director Patricia A. Shiu. “The tool under development would focus on collection of compensation data. OFCCP’s experience with the EO Survey and public comments in response to the current rulemaking will inform development of the compensation data collection tool.

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EEO Source Polls

If you screen out the unemployed from job consideration, please choose the relevant time period after which a candidate is no longer deemed viable for employment3 months or lessMore than 3 months but less than 66 months to 12 monthsMore than 12 monthsAny length of time

Do you routinely run analyses to identify potential pay disparities with respect to Caucasians and males? YesNo